>> see you back in an hour. "outnumbered" starts now. >> i am andrea tantaros, and she is back from vacation, harris faulkner, host of kennedy on our sister network, fox business kennedy, and melissa francis and an international man of mystery, former cia covert officer, mike bar. >> and that is all the time we have. >> what is your sign, blood

type -- >> i look long walks in the rain. i would like to say i am always excited to be here. this is my mother's favorite show and the only reason she thinks i made of my life. >> she is absolutely right. >> that is because you were covert so you cannot tell her the classified stuff. >> i told her i was import/export. >> hello, to ms. baker. no apologies. hillary clinton once again refusing to say she is sorry for using a private e-mail and server while secretary of state. she insist she did nothing wrong saying quote what i did was allowed by the state department. everybody in the government with whom i e-mailed new i was using a personal e-mail.

i tried not only to take responsibility, because it was my decision, but to be as transparent as possible. but, this comes as a second intelligence review confirms that top secret e-mails were in fact on ms. clinton's personal server including information about ms. clinton's north korea weapons. she deleted over 30,000 e-mails, we don't know if the fbi has the server, she is not being transparent. >> no, neither has the administration. no one knows how to apologize anymore. every apology now is i am sorry if you took offense. and the other part is i spent a lot of years handling classified information, and compartalized

information, and from everything that came and out has been confirmed during the course of this, if i had done that i would be in jail or railroded out, esco esco escorted out of the agency and doing time. so that is all i know. i look at their treatment of petraeus. he got a misdemeanor obviously. but this is a double-standard i don't think is at the end of the day going to hurt her meaning i don't think the general public, at the end of the day, is going to make her pay. >> i disagree. >> i hope you are right. >> i disagree because when you watch her in the interviews and not apologizing i think most americans don't want to drill to the details but when you watch and listen to here you have a sense she is lying. for americans at home, when she is sitting on the couch she is making excuses and hitting the

word nothing marked classified. >> number one word association we learned was the word liar. >> david mir with world news today is going to sit down with her. that was announced this morning. i often said she is as bright as he is good looking. >> we go to the same gym. i can say it's true. >> she is sitting down with more talks. she is doing a late talk show tonight. a different concept more along the lines of ellen. but the big issue is she was the person saying she would take that 3 a.m. phone call. why can't she tell the difference between yoga pants and wedding plans in an e-mail and the intell community's highest classification of sensitive government material? why can't she tell the

difference? my pastor used to put it this way. she was in charge of the mega church and why give her the community of churches if she is not handle one? >> she didn't understand the rules she is saying but i don't believe anyone believes she is not incompetent. she is getting caught in lies >> i think she is unethical, immoral, and what she is doing is dangerous. a lot of national security secrets and interests could have been compprohp -- compromised -- until they dig into that. i think she is incompetent and people are realizing the

coupling and they will uncouple from her. >> she is too smart not to know what she was does. and mishandling classified information in the way she has for anyone else would result in charges and jail time. i don't know how else to put it. >> i want to ask you over time what the cia thinks about this because of what happened to petraeus. any treatment different than what petraeus got is special treatment. after what some called a summer of missteps for hillary we may see a new side of her. her campaign wants her to show her humor and heart going through. she has one? and she is upping her tv time with an appearance on ellen on

the 10th and a vis toot the jimmy o'fallon show on the 16th. hillary clinton's team is paying travel cost for proxies that use their ability to criticize him. thus is a new poll that is showing sanders leading by clinton nine points in the critical state of new hampshire. he is gaining ground on her in iowa but still trailing by is 1%. kennedy, nothing says spontaneous like a pre-scripted story in the new york city times about how she is going to be more spontaneous and she is announcing it. >> she is going to be fun, full of humor and eddy murphy in beverly hills cop. she could raise her game to that

level and still, i think, her chances are doomed because of everything coming from the se r server. many more e-mails to come. just from what i heard, what she did it her server and way worse. >> you know you are in trouble when you have to schedule being spontaneous. the other thing is these are where her opponents are running and they are not talking about the e-mail scandal. what happens if bernie sanders gets up and decides to go bernie on her and goes off. it hasn't been nes necessary -- >> don't you think it is an unwritten idea? >> not in the republican party. all ideas are on the table and

you can debate and go after each other. >> they do have a tighter playbook. >> has it helped this go around? >> i think it has on a lot of issues. they didn't fire at obama, rallied the troops, but i think the funniest part is the story she planted about being spontaneous. she is a paranoid, deceptive calculating woman and when she tries to be something else she looks like a phony. >> you know in big business they will bring in a communication specialist or firm and sit down with the ceo or others and say this is what you need to do to win the day and you need to express yourself in a more friendly fashion and you need to be more spontaneous. it sounds to me like she had a meeting with a communication firm, draw up points and this is

what she came up withann an idi in the campaign said this. >> isn't it like going on the soup for a cameo? why announce showing up on the tonight's snow >> it is like sleepy alertness or skinny-fat. do you have skinny fat jeans? they just look horrible. when the american people listen to hear they don't feel she is being genuine and she is not warm. they are trying to bring her out in a warm and real way and i don't think she is capable >> her biggest missteps are when she tries to be funny. like about the cloth and wiping the server. there is no many times she falls flat. it is worse when she has to explain i made a bad joke.

>> i know a lot of people were confused about skinny pants. >> they don't exist. >> your skinny and fat jeans put togeth together. either they like me or they don't i heard her say. likeability continues to be an issue. >> over the years -- >> back and forth. >> we will ask you about the cia and petraeus during overime. >> people are already on the live chat. she is sending surrogates to attack sanders so that is interesting. congress is back to business and the iran nuclear deal is on the agenda. a vote could happen as early as this week. what to expect. and she is behind bars for

refusing to issue same-sex marriage license and now the case of the kentucky clerk is entering the political arena and the gop candidates who are visiting kim davis in prison and how it could impact the 2016 race. and catch more from the couch on the web. harris is back and logging on now. start sending questions for any of us on the couch. tweet us pictures, etc, keep them clean. mike baker is here everyone. mike baker is here everyone. , but i've managed. except that managing my symptoms was all i was doing. and when i finally told my doctor, he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections,

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[phone ringing] but a little less crazy. we're doing everything we can to give you the best experience possible. because we should fit into your life. not the other way around. welcome back at a "outnumbered." we are so glad you are here. congress is back in section and one of the top items is the nuclear deal with iran. a vote could happen any day now. but it appears things got more dichlt difficult for people wanting to block the bill as earlier today they received 40 votes that could stop a filibuster. former vice president dick cheney spoke out today against the deal: >> this vote in congress will have profound consequences.

approval of this agreement will not prevent a nuclear iran. it gives them the means to launch a nuclear attack on the u.s. homeland, threatened security of the allies in the middle east and threatens the security of europe. this deal has vast implications for the future security of the jewish people. >> the frustrating thing about this is we will never know how much pressure was applied to lawmakers when they went home. some of them are not voting and we will not know because there is no cover for them in washington on this deal, andrea. politically speaking with democrats don't get with the president there is no cover. >> and you wonder what the president did to get them to come along to his side over de weekend >> weekend? what do you think he did? >> put pressure them. >> the party controls the purse strings and you don't want

democratic campaigning saying. not support you. >> debby wants to secure the position at dnc chairman. the fact someone who is jewish came out in favor of this is shameful. it is disgusting. republicans need to make them own these votes. there is a list on twitter of the senators and they should hang the vote around their neck. >> this could be the best deal we have every seen. you know what i mean? it could be. we don't know. but the american public won't every know either because they don't trust the white house for the deals. they look at the other swaps. >> anyone who spent time looking at the issue understands this. this as a political decision for the democrats.

they knew they were going to vote for this i would argue. there wasn't an effort to rein them in. this wasn't operational consideration. >> we don't have all of the nvengz and they don't have it all. we are not privy to it. >> there were some -- >> i would argue most are just in lock step. what they were doing is saying i am going to delay because it is good for me and the optic is nice to hold off. >> maybe she gets something for it from the president. a concession if they are holding it up. saying finally we will give you a fake bridge. >> they get the same thing countries all around the world are getting. think about cuba with

the the the >> after the issue with the shaw that was the idea of getting the population to rise up. but the russians inked a missile system deal with them. the french have been over there with delegations, and the brits -- >> the brits took the head of shell oil with them.

>> talking about money -- they did rise up in 2009 and the white house was missing in action. >> it is all about the money as melissa says. maybe there is a positive point at this that we cannot see. >> maybe the next administration stands behind the uprising. the kentucky clerk jailed for refusing to issue gay marriage license is a hot issue. two gop candidates visiting kim davis today and another republican accusing them of grand standing. and joe biden is speaking to a crowd in pittsburgh that is chanting run, joe, run. and is he going to try for the white house again? see why this joe biden was fired

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so welcome back to "outnumbered." a huge prayer rally expected this afternoon outside of a kentucky jail where protesters are showing support for kim davis the county clerk in jail for refusing to issue same-sex marriage marriage. huckabee and ted cruz are visiting davis. huckabee will join the protesters at the rally. governor chris christie took issue with the fellow candidates. >> quite frankly i think this is a serious issue. i don't know if she is looking forward to a visit from senator ted cruz but i don't think they should play politics on it. we should try to solve problems.

>> governor christie is a former u.s. attorney saying you have to follow the law and he would have had davis reassigned to another government job. i don't know if they could do that because she is an elected official. where do you think she should stand? >> people are criticizing she is in jail and i agree but you cannot have it both ways. the people criticizing the muslim waitress who will not serve alcohol or the airline steward who will not serve the free alcohol, if you are in a job and you fundamentally disagree with what the job requires you to do, get the hell out of the job. i know it is tough but that is the why i feel about it. if she is in the position and can't get herself reassigned because as you said she is elected stand down if that is how you feel about this. the law is starring you in the face. i am sure i will get flack -- >> but that is the rule of law and she is an alecnalected off m

officialism -- an elected official. there is a difference between someone making a cake and someone who swore to upheld the constitution. >> we will have to see what the u.s. six circuit court of appeals says to have her name removed off the marriage license documents and kentucky's freedom restoration act confirms those. >> that is a legislature fix and they are not meeting until january and it would cost tens of millions to get them to recon ve reconvene. >> that is just putting lip stick on a pen. i am not solving the problem. >> what about other people who extract laws and find they enforce some and not others? >> i have more of a problem with the response. it seems like courts are

supposed to use the least amount of force necessary to get the law done. putting her in jail was the most extreme. that part of her job could have been removed from her. seems like there are more remedies before putting her in jail. >> they talked about it with the legislature and he would give her a different set of duties. >> the governor has that power. even though elected the governor has the power to reassign her to another position. and i agree with you, why is she in prison? she has a religious right and needs to follow the job so move her. if you have a case of the muslim woman working at the dmv it would be the same thing.

what if you had a lutheran saying i am not issuing license to catholics. you have to follow the law. she has religious freedom but not in this case. >> way to stir up the catholics. with this familiar issue it is different than hiring the woman who prescribes to religious law. you knew that in the beginning. the gay marriage license didn't come into play until recently. so who she was elected it wasn't part of the job. this is becoming part of the scribe. so to me it is an ongoing conversation. it isn't like the woman who in your hypothetical. >> if you are against alcohol and take a job as a waitress in a place that serves alcohol -- >> that is on you because it exist that way. >> if they have a legal right to marry and she is the one doing

the certificates she has to do it. she can chose not to perform it by not doing that job -- >> what happens if someone says religious liberty about an issue you agree with. >> this is what the establishment clause fought to preve prevent. vice president joe biden is getting encouragement to launch a presidential bid but still no hint if he is in or out. biden was in pittsburgh jogging through the labor day parade and speaking about wage growth and the middle class and heard plenty of this: >> thank you. >> run, joe, run! run, joe, run! >> go, joe. is he going to go or not? that of course is big labor and

you remember after him and president obama were elected he stood up in philadelphia and told big labor we owe you. they are lining up behind him and not ms. hillary. >> i think that is what we will see. they need a plan b. and think the strategist within the democratic party and everyone with a dog in the hunt is worried about the plan-b. and pittsburgh, a great city. my daughter goes to the university of pittsburgh. >> great school! >> you know it really is biden and hillary clinton. the developments this morning hillary clinton announced she got the second backing of a lawmaker in iowa. she is trying to get out there with that information. it is a warning. >> she said that spontaneously? >> it was announced again after being spontaneous. where is the bernie sanders

supporters going to if it turns out to be these two? bernie sanders isn't in line with obama but i am seeing written in every way, shape or form that joe biden would be a third term of obama and he is not in line with hillary clinton. where would the millions of bernie sanders' supporters go if joe biden is in the race? >> sanders is closer aligned with the obama administration. they are more progressive than, say, hillary clinton. >> and joe biden fits in that group as well. we are all secretly hoping for a trump biden debate. it is the only thing that could live up to the first debate. >> i am hoping for trump-sanders. i think i am the only one. >> that could happen. that absolutely could happen. donald trump is so unpredictable he could announce elizabeth warren is his running mate. >> i think bidden says he is

running with warren and those followers slide in happily with that ticket and the republicans have a problem. >> progressives want bernie sanders and know that is impractical. if warren and joe biden come out i think that is an unstoppable ticket. >> and biden has to embrace the obama administration which has been very progressive. he is embracing a progressive legacy he is the vice president of. >> he is going to need the obama infrastructure because he is getting in late. having that obama for america which is renamed and having that behind him helps. >> we have to give him credit. he can be spontaneous in a nervous, sort of way. but there is no body who knows him that says you cannot help but like him. he is funny and spontaneous. >> i think to your point he will have all of the obama

infrastructure behind him. i don't think the clinton's could corral it and there is tension between the two. i think the obama side would like to stick it to the clinton's and back biden. >> he ran twice without blowing anyone's skirt up but maybe times changed. but the past two times -- >> well the opponent changed. it is now hillary clinton. >> there is a tape of him saying she would make a much better president than he would. they will dig that out. we see the riveting scenes from europe with tens of thousands of refuges overwhelming the border and the concern this crisis could reach america and the worry not all of the refuges

will be friendly. the warning from juan bolton.

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it is a situation growing worse by the hour. the obama administration is saying it is weighing options including the possibility of welcoming more syrian refuges into america. a group of senate democrats has been urging the u.s. to accept 60,000 from the country but top officials are warning that isis could slip through the cracks and coming into the country. john bolton is explaining the terror threats in light of germany expecting to take in 800,000 of the refuges just this year alone. >> they are not all going to make it to germany and stay

there. i think it could be more than 800,000 on the move and i think they will try to come here. this is where the threat of isis or other terrorist groups taking the opportunity of this human tragedy to in filtrate their own adherence into the united states and it is so dangerous >> mike, starting with you with the idea of how we did or did not handle isis, not just america but our allies. we could have led that but didn't. >> most of the world waited for us to lead, we didn't, and no body stepped up. that is our job and we may not like it. we are tired of iraq, afghanistan and war on terror but at the end of the day we are the only ones going to get ahead of this. the fact we didn't take on isis and defeat them -- and we could. but is the public up for it? if this is defined as a national security issue we have to solve this. >> what is interesting is you

hear in some of the reporting this is mostly from syria. and this is an outgrowth of the syrian war but that is not true. many are coming from iraq and afghanistan. it is isis-related. >> it is a rough part of the world to be in. imagine the chaos where there is all out civil war and the united states has been committing militarily billions of dollars, obviously it is not an inexpensive proposition, why can't people go to mexico and canada? mexico has a very temperate climate. not that americans wouldn't do a great job housing refuges. >> you hit the nail on the head: jobs. that is why they are coming here. >> we talk about this and the idea that people have been saying this as a syria problem. if we handled syria. this was a libya problem.

the fact we allowed the poor leadership with libya created a massive problem in terms of terrorist and weapons spilling into the border and going everywhere else. the fact we mishandled iraq allowed for that place to fall apart and the creation of isis. >> the intervention in iraq sent the country into a shiite and iran orbit. we medaled in the middle east. now you have democratic presidential candidate martin o'malley saying the united states should take 65,000 refuges. taking islamic refuges could be suicide. this morning in the wall street journal there was an editoral saying this is our problem. we created this problem. that is crazy. we are not the world's police man and the refuge problem,

aside from the isis problem and them not coming here, this is not our issue. >> suicide in which way? >> absorbing 60,000 more islamic r refuge in the country? >> you are saying the probability of the terrorist disguising themselves -- >> that is the biggest issue but number two we don't have the money. we can barely take care of our own citizens. number one this is a national security issue. it would be suicide. >> this is the way everyone is approaching all of these problems. the problem is the world is a much smaller place than it was before and if you think you can standby in europe and say i am not part of the problem and don't want to get involved it shows up in the form of refuges. we need people working together. if you try to stay out of it they will show up on the door step.

>> showing up on your door step in europe is different than showing up on the door step in the united states. you say 65,000 -- do you trust where it would be that way? >> i don't trust any number from the government whether it is department of defense or dmv. you have to get a few steps from a refuge crisis to creating instability in the middle east. there are a few steps. and going i do believe the united states did create instability in the middle east and does that mean the result is the united states created a refuge crisis? no, there are plenty of countries who have been on their own track, own bad choices, and the united states has been part but not the cause. >> maybe the uae could step in. i don't know. take some of the refuges in. >> hold our breath collectively until that happens. it will be breaking news.

the nfl season kicks off in two days. one coach is making some big changes to the way he needs his team. why the seattle seahawks are ditching the ground you into the grind method to a gentle yoga approach. mornings. wonderful, crazy mornings.

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hello, as the nfl season gets set to kick off on thursday, the seattle sea hawks are practicing a new age way. the defending nfc champions are borrowing principles from yoga getting more encouragement to speak mind about plays not working. pete carol, truther, he is talking about his new zen-like approach to coaching saying we have a philosophy and believe it in and because circumstances and issues arise we need championships and maybe not winning. this is a set we are leaning and working for. >> is that his real voice? >> it is. >> pete carol doesn't talk a lot

unless he is talking about being a truther and one of the worst human beings on the planet. they have legalized something in the state of washington and i think it is responsible. >> you are on to something. i believe in the aanalogy -- analogy of football is war. in war, your job is to break people and score points and knock people down. it sounds like pete has been talking to phil jackson. maybe this works. i don't know. but it seems a little too soft for me. >> is it possible to get the other teams do this? >> pete carol and his strategic coordinator, a guy name mark who was a surfer, says let's talk about the ark of life. >> you love pete carol.

i am scenting you is a soft spot for him. >> isn't this similar to the same strategy your oregon ducks employ? not yelling at the players. and i would say the ducks and seahawks have done well and performed well a. >> that is true. the seahawks have stolen the oregon designers and the uniforms are similar. this approach works until it didn't work. oregon didn't win the national championship. and the seahawks blew a chance. >> i think this is pete carol kicking his job. i better signal to the world i have a new plan because the end of the plate stuff, cleaning up at the super bowl, is never going to happen and i stopped cursing out my players because i read no cursing anymore. i am not going to guess --

>> i have seen pete carol throw his head more than a few times. >> this works great on kids. positive reinforcement and reward them for good behavior. i don't see it working on pro-football players. they seem like they are a little more aggressive. >> without pete carol i love the seattle seahawks. if they win the super bowl, i will eat my words and kiss pete carol on the mouth. >> oh! >> the giants are taking the super bowl this year. everybody knows that. you heard it here on the sofa. >> all rightment you might think it is better to tell that special someone i love you over the phone than by e-mail but research is showing you might be wrong when expressing those three little words and we will tell you why. the fascinating study. stay right here.

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meaningful than text or e-mail but that is found to not be the true. when people know the recipient won't pick up cues like tone, voice and body language they make up for it with more emegs lal emegsal -- emotional content and thoughtful words. do you believe it is true, kennedy? >> i do. i believe writing allows you to use your hands and eyes and seeing the word before you on the screen. it literally allows you to tap into a different part of the brain that is more expressive and mike is nodding his head. >> love letters are some of the greatest things. breaking news. we have been able to confirm the u.s. district judge is now ordering that jailed kentucky clerk over the may gay marriage licenses there kim davis to be released from jail.

we talked about it earlier this afternoon. you are taking a live look with us. she has been in jail and refusing to issue gay marriage license. that has become a huge issue. we are covering this next hour. let's talk about this for just a second. your first thoughts: >> she should not have been in prison in the first place. i am glad they are releasing her. they wanted to make a political point. but she still has to do her job or resign. it seems look they want this to go on, they, i mean the progressives to make a religious political issue out of this, someone needs to do that job and it is apparently not her. >> quickly mike? >> i am curious what ted cruz and huckabee are going to do now. will they still talk to her? >> you are talking about the gop candidates who went down. your thoughts? >> i don't think she has the choice to follow the law or not follow the law.

that is not her choice. but this was a severe remedy when there were other remedies available. >> you will talk about this on your show tonight? we will not. she is out and find a solution. >> we will stay right here. you stay here, too, for "happening now." fox news alert. obviously we'll have more on kim davis released from jail. right now, the dow soaring 300 points and taking your 401- k with it. >> what is behind the gains? congress back and ready for a fight. >> this will be a vote that is remembered. >> the iran nuke deal taking center stage and will law makers pen down a deal. >> a call with a severe threat. >> our cops are under attack.